Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-02-22
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been fled with the
Register and Receiver they become q part OF
the record. and can neither be Withdrawn nor
returned, but must be transmitted ~ the Gen
eral Land once.
An application will be rejected when the
scription of the premises Is erroneous or
sufficient.
Application for patent will be rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
Second-The notice was not published In q
new spsper designated as published nearestt the
claim.
T-hird--Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with
drawn pending 4 suit in Court commenced by
the adverse claimant.
An application for patent will be rejected
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In accord
ance with law.
Where several parties own separate and dis
tinct portions Of . claim. application for
patent may be made by either for tn at portion
Of the claim owned by him; but where soyersl
parties own undivided interests In Z mining
claim all should join in an application for a
patent.
A person or association may purchase rs
many placer locations as the local law admits,
and embrace them all in one application for Q
patent.
Two or more lodes cannot be embraced In
one application for Q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport.
ing to sct as . deputy for the Register and He.
ceiver cannot be recorded ~ evidence.
In all patents for mining claims situated
within the interior boundaries OF Q town site
Q clause 10 inserted excepting and excluding
and all houses. buildings, structures, lots
blocks, streets, alleys or other municipal i'm
provements not belonging to the grantee here
In, and sl rights necessary or proper to the
occupation, possession and enjoyment OF tn,
same"
publication Of notice must be made u onl,
one newspaper for the period Of 60 days.
Notice must be published 10 eonsecutiv,
weeks in weekly newspapers, and In daily
newspapers GO days must elapse between thu
fret and last insertions.
Where the Register designates thu dsily issu,
Of q newspaper for publication OF notices of
mining application for patent ID 10 not q com
| pliance with law TO change TO the weekly edi
ton of the same paper without authority o.
| the Register.
The existence of o salt spring on Q tract o.
land withdrsws 1t from the operation Of III,
homestead and presumption laws. A hesrinl
for the purpose Of proving the agricultnra
character Of such land IL not allowed Lane
containing valuable deposits OF slate may b,
| entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must nie q separate an,
/ distinct claim against each application which
| 1t 10 alleged conflicts with the premises oynet
by such adverse claimant.
The papers in an adverse claim, once nled
cannot be Withdrawn, but becomes Q part Of tn
record.
When an adverse claim has been nled It can
not be amended so a. to embrace o larger por
ton Of the premises than that described In th
original adverse claim.
An adverse claim must be made ont II
proper form and fled In the proper local OH c
during the period Of publication OF the sppii
1 cation for the patent to be effective.
It Is the duty OF the adverse claimant
commence suit in proper form within the 70
quired time, and II be trusts the uncertain
medium Of the United States mail he mus
sbide the consequences. should the delay
ensue, through misforiune or accident. shouie
the failure to suit DO the result OF
| the corrupt or dishonest sction Of his attorney
the Interior Department cannot redress th'
wrong.
Al adverse claimant should set forth In de
| tail the facts upon which he bases his edvers,
claim. A statement in general terms, embody
ing conclusions Of law, without stating tht
facts specially, will not be considered in eyi
denee.
An adverse claimant should show q compli
ance with the local laws in recording his claim
and In regard TO expenditures. and shall file 4
copy Of the original notice of his location, ant
show the nature or extent OF the confici
alleged.
Al allegation of parties to Q suit that they
compose the company 10 sufficient, and they
are not required to prove that they are IN.
| original locstors or the identical parties whe
present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land is Of little, If any value, for agri.
cultural purposes. but Is essential 10 the
proper development Of mining claims, Il
should be disposed of under the Mining Act.
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled At any time
prior to issuance OF patent, upon satisfactory
evidence of the existence Of such valaable de
posits.
Where valuable deposits Of mineral are dis.
covered upon o tract sfter the samt sas been
entered a. agricultural, but before stent has
been Issued. the parties claiming the min
and the agricultural entry will be cancelled h
that portion Of the land embraced by said
mining claim.
Where mineral deposits are discovered on
agricultural lands after the patent has been
issued to an agricultural claimant. they pass
WesAA esSaN
Agricultural College scrip cannot be
cetved in payment for claims.
ALIENS.
A foreigner may make 9 mining location
dispose OF 1t. provided he becomes q citizet
eefore disposing OF the mine. Proof that ths
party was not Q citizen before disposIng Of his
claim must be sfirmstiveIy shown,
Locators and intermediate owners, Other
tnsn applicants, Will not be presumed aliens
In the absence Of allegation or objection prio,
to issuance of patent.
The portion OF 9 mining claim SOLD 10 ar
alien cannot be patented while such owner i,
an alien; but on his deciarationi o become !
citizen his right dates back to his purchase
aud he may thereupon secure United state
patent for HE claim.
CROSS LKDGEs.
Revised Statutes. Section 2,336:
where Two or more lodges cross or interssci
each other, priority Of title shall govern. and
such prior location shall be entitled 10 ali ORE
or mineral contsined within the space Of inter.
section. but the subsequent location hal have
H.